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HomeMy WebLinkAbout02-21-2012 c3 prior tiess in sheimer parkcouncil _ ac,Enba RepoRt Meeting Date 2/21/201 2 Item Numbe r C3 C I T Y O F S A N L U I S O B I S P O FROM : Shelly Stanwyck, Director of Parks and Recreatio n Prepared By :James Bremer Recreation Superviso r SUBJECT :PRIORITIES FOR USE OF SINSHEIMER PARK INCLUDIN G RECOMMENDATION FOR FUTURE USE OF SINSHEIMER STADIU M RECOMMENDATIO N As recommended by the Advisory Committee on Shared Use of Recreational Facilities : 1.Approve the revised Priorities for Use of Sinsheimer Park . 2.In the future, when current Use Agreements expire, contract with only one non-recreationa l collegiate team for use of Sinsheimer Baseball Stadium . DISCUSSIO N Backgroun d For more than sixty years the San Luis Coastal Unified School District (SLCUSD) and City of Sa n Luis Obispo have shared the use of common facilities . Historically, the Joint Use of Recreational Property (now named the Shared Use of Recreational Facilities Committee or SURF), has helped t o prioritize the shared use of facilities . Annually, the SURF reviews the joint use of Sinsheimer Park and coordinates the priorities fo r scheduling of this facility . While the School District and the City each maintain use and schedulin g of their own individual sites, the SURF Committee recommends priorities for uses at Sinsheime r Park . Over the past few years there have been minor changes in the priorities for use . During th e 2011 review several items were identified as needing modification in order to comply with the 200 8 Joint Use Agreement between the City and School District . SURF's Review of Priorities for Use — Needs and Timing of Request s During its review of priorities, the SURF established an Ad Hoc committee to meet with stadiu m users and review their specific needs . The Ad Hoc committee met with Babe Ruth/ Cal Ripken, Sa n Luis Obispo Baseball Alliance, LLC (Blues), Rattlers Baseball Development Group, INC . (Rattlers), and Central Coast Men's Baseball (Men's Baseball). Several trends became obvious during the Ad Hoc meetings . Each of the users had requested more time in the facility for the upcoming "seasons". More importantly, each user requested the sam e times and dates creating numerous conflicts in use . The increased use during peak time period s exceeded the available times at the Stadium . Every weekend, Friday, Saturday and Sunday fro m 10 :00 AM to 10 :00 PM and each week night Monday through Thursday from 3 :00 PM to 10 :00 P M has been requested for use during the months of June and July . This increased demand during thes e times resulted in the denial of some users' requests . Users were unable or unwilling to move t o possible open time periods during the day . C3-1 Priorities for Use of Sinsheimer Park &Stadium Page 2 During its review the Ad Hoc Committee also found that the different users have differen t scheduling periods . These scheduling periods do not fall in line with the priorities of use . Th e Blues and the Rattlers try to schedule the upcoming year between August and November in th e current year ; and Babe Ruth/ Cal Ripken schedules its season in February of each year, for tha t year . Men's Baseball can set its schedule at almost any time for the coming year . The result i s Babe Ruth/ Cal Ripken, which have higher priority, do not know their schedule until February ; seven months after the Blues and Rattlers want their schedule set . The Blues and Rattlers must wai t until Babe Ruth/ Cal Ripken dates are issued before they can set their schedule . Priorities are Recommended to be Consistent with Joint Use Agreemen t The Committee also found that the existing Priorities for Use of Sinsheimer Park lists youth group s (Babe Ruth as first priority), the District listed as second and the City listed as third (see Attachmen t 1, Current Priorities for Use of Sinsheimer Park). The current Joint Use Agreement between th e SLCUSD and City requires that joint use facilities list the District and City as first and secon d priority for scheduling (Attachment 2, Joint Use Agreement). To bring the two documents in line , the SURF is recommending the District as first, City as second, and youth groups as third priority . The Priorities for Use of Sinsheimer Park represents the Committees recommendation on how thes e issues should be addressed . The Committee has additional recommendations to address th e scheduling and priority issues (Attachment 3, Proposed Priorities for Use of Sinsheimer Park). The Proposed 2012 Priorities for Use of Sinsheimer Par k In addition to changing the Priorities to reflect the Joint Use Agreement, the proposed 201 2 Priorities for Use of Sinsheimer Park give specific scheduling deadlines, has three identifie d scheduling periods, and uses historical uses for permitting future uses . During the Ad Hoc Committee meeting, users expressed concern about availability of the Stadiu m and the need to maintain, at a minimum, the same number of scheduled uses in order to maintai n their programs . The Committee is recommending that historical uses determine the number o f usable dates the current users are able to request at the November 15 th scheduling meeting . After al l current users dates are filled, any unused dates would be available . These dates would be issue d using the priorities for use order . This would allow current users assurance that they can progra m and schedule uses as they did in the last year and to give more parity to the expansion of uses . Future Use by Only One Non-Recreational Collegiate Baseball Tea m In reviewing the Stadium uses, the Ad Hoc Committee found that the Stadium was in use every da y (except for scheduled maintenance) during the period of June 1 to July 31 since 2007 . It also note d that mandatory maintenance days were needed to allow time for the Parks Maintenance staff to d o basic maintenance creating added conflict in use during this period of high demand . The Committee does not believe that the facility can sustain this continued use . The Stadium durin g this peak period has no chance for recuperation (e .g . more extensive maintenance) and all of th e users' needs are not being met . Notably, there have been two non-recreational collegiate basebal l teams playing at the Stadium since 2007 . The Committee is recommending that only one non - recreational collegiate baseball team be sanctioned for use of the Sinsheimer Baseball Stadium a t the conclusion of the current agreements between the City and the Blues and Rattlers (Attachmen t 4, SURF Meeting Minutes). The current agreements expire August 13, 2015 . Following City fisca l C3-2 Priorities for Use of Sinsheimer Park & Stadium Page 3 policies, any future contracts with one non-recreational collegiate baseball team would be arrived a t following a request for proposals process . As required by the Priorities for Use of Sinsheimer Park, any changes in the priorities must b e approved by the City Council and SLCUSD Board . If the Council approves the recommendation , staff will prepare and submit a report to the SLCUSD Board for final agreement . FISCAL IMPAC T There is no fiscal impact as a result of the changes in priorities in use recommended by the SURF . In the future there could be some revenue reduction with the change from two non-recreationa l collegiate teams to only one . However, those revenues are often offset by the costs to maintain th e Stadium . CONCURRENC E At the November 1, 2011, SURF meeting Babe Ruth expressed concerns with any changes to th e Priorities for Sinsheimer Park that would not list Babe Ruth as the first priority . However, the recommended changes placing SLCUSD as first and the City as second in priority aligns th e Priorities of Sinsheimer Park and the Use Agreement between the City and SLCUSD . The recommendation lists Babe Ruth as third, maintaining their priority above all other users of th e facility . The Blues and Rattlers also agree that the stadium is not able to meet their current needs . However , the Blue's and the Rattler's organizations have made it clear to staff that they both support th e recommendation being made by the SURF . Men's Baseball was also in agreement on the overuse o f the facility . Men's Baseball expects more availability of the stadium if only one non-recreationa l collegiate team were to use the facility . Public Works staff agrees that the stadium is currently overused between the months of June an d July . They support the future reduction in use to only one non-recreational collegiate team at th e conclusion of the current agreements between the City and the Blues and Rattlers to better facilitat e the maintenance and upkeep of this well "loved" facility . ALTERNATIV E 1 . Council could direct the Committee to review the issues further and make additiona l changes and return to the Council . ATTACHMENT S 1.Current Priorities for Use of Sinsheimer Park and Stadiu m 2.2008 Joint Use Agreement Between The City of San Luis Obispo and the San Luis Coasta l Unified School Distric t 3.Proposed 2012 Priorities for Use of Sinsheimer Park and Stadiu m 4.November 1, 2011, SURF Minutes C3-3 Priorities for Use of Sinsheimer Park & Stadium Page 4 ATTACHMENT 1 SINSHEIMER PARK PRIORITIES FOR US E SAN LUIS OBISPO BASEBALL STADIU M RESPONSIBILITY FOR SCHEDULIN G All scheduling will be the responsibility of the Parks and Recreation Department following th e priorities developed by the Advisory Committee on Joint Use of Recreational Facilities . PRIORITIES FOR US E 1 . Special games and tournament s a.Youth groups sponsored (Babe Ruth - 1 S`priority ) b.San Luis Coastal Unified School District (SLCUSD) sponsore d c.Parks & Recreation Department sponsore d d.All other groups sponsore d i . January — May (before Memorial Day weekend ) a.College/University/Community College, non-SLCUS D High School pla y b.Other ii .Memorial Day Weekend — August 15 of each yea r Non-professional/collegiat e iii. August 15 through — September closing dat e a . Other 2 . Regular games and playoffs a.Youth group regular season and league playoffs, excluding practices (Bab e Ruth - 1 S`priority ) b.SLCUSD regular season, excluding practice s c.Parks & Recreation Department use, excluding practice s d.Other groups, excluding practice s i . January — May (before Memorial Day weekend ) a.College/University/Community College, non-SLCUS D High School pla y b.Other ii . Memorial Day Weekend — August 15 of each yea r a.Non-professional/collegiat e b.Other — as availabl e iii . August 15 through — September closing dat e a . Othe r Practices are not allowed at San Luis Obispo Baseball Stadiu m FEE S See current fee schedule ATTACHMENT 1 USER RESPONSIBILITIE S All use to be controlled by user organizations following guidelines set forth by the Parks & Recreation Department in order to maintain this facility in the best possible condition . Disregar d for rules concerning use of the facility will constitute grounds for preventing future use of th e facility . User groups will be billed for actual costs incurred to repair damages to facility . AL L use fees for facility are due and payable upon presentation of use permit . REVIEW OF PRIORITIE S This list of priorities shall be in effect until August 1, 2011 . These priorities shall be reviewe d annually by the Advisory Committee on Joint Use of Recreational Facilities and if changed , submitted to the San Luis Obispo City Council and San Luis Coastal Unified School Distric t Board of Education for approval . ATTACHMENT 2 Joint Use Agreemen t Betwee n the City of San Luis Obisp o and the San Luis Coastal Unified School Distric t for the Joint Use of Facilities and the Provision of Program s This Joint Use Agreement herein referred to as "Agreement"is made this iq day o f • 'A/y ;1,,,2008, between the City of San Luis Obispo (City) and the San Luis Coastal Unifie d School 14 rict (District). This Agreement supercedes any existing agreements between the Cit y and the District pertaining to joint use of facilities . I.Authority 1 .1 The City and District are authorized under the authority of California Government Cod e Section 6500 et seq ., to provide any services jointly for which each may be individuall y responsible . Under such authority, the parties to the Agreement may designate any one of th e parties as the agency to administer the program and exercise such powers as may be therei n specified . 1 .2 The District and City are authorized under California Education Code Section 10900, e t seq ., to promote and preserve the health and general welfare of the people of the State of Californi a by providing adequate programs for community recreation . The District and City are further authorized to organize, promote, and conduct programs of community recreation as will contribut e to the attainment of general educational and recreational objectives for children and adults of th e State . II.Purpos e 2 .1 The District has previously made property available to the City on which recreationa l facilities have been developed . A number of agreements have previously governed thes e transactions . It is in the best interest of the agencies to consolidate these agreements into a singl e Joint Use Agreement . 2 .2 The City has a continuing need for additional recreational facilities, specifically sport s fields, playgrounds, gymnasiums, classrooms, and multipurpose rooms, which can be partiall y met using District facilities when not being used for District purposes . 2 .3 The District has a continuing need for athletic facilities, specifically a baseball stadium , tennis courts, and a swim center, not available on District school sites, which can be met usin g City facilities when not being used for City purposes . 2 .4 By policy of the Board of Education, the District has designated one room at eac h elementary school as being available for childcare services . 2 .5 The City is committed to providing quality, affordable, and available childcare to Cit y residents . Joint Use Agreement ATTACHMENT 2 Page 2 of 8 III . Length of the Agreement and Provisions to Amen d 3 .1 This Agreement shall remain in effect for a period of five (5) years, except that the tenur e and method of termination of the agreement with respect to those facilities specified in sectio n 3 .1 .1 below shall be as specifically set forth in that section . 3 .1 .1 In consideration of the fact that certain lease term requirements are associate d with an application for a state or federal grant that may be requested for development o f Sinsheimer Park, both parties hereto agree to keep in operation for a period of twenty-fiv e (25) years from the date of acceptance of the Grant Project any recreational facility withi n Sinsheimer Park on which state or federal grant or bond monies were expended . Those Grant Project facilities currently intended to be subject to the provisions of thi s section are as follows : 1 . Addition of a Children's/Therapy Pool located at the Sinsheimer Swi m center facility located at 900 Southwood Avenue, funded through a Stat e Department of Parks and Recreation Per Capita Grant Program under th e California Clean Water, Clean Air, Safe Neighborhood Parks, and Coasta l Protection Act of 2002 . This Agreement may be terminated only by mutual agreement of the parties . In the even t that the District initiates action mutually to terminate this agreement and District elects t o retain any City constructed improvements, District shall reimburse City for sums, if any , required by the terms of any grant to be repaid to the State or other grantor . Further, th e District shall reimburse City for improvements placed on said site by City in an amount equal to the fair market value of said improvements as of the date this cancellation is t o be effective, and title thereto shall vest in District without the necessity of a forma l documentation of transfer effective on said date . In the event the parties cannot agree upon the fair market value of the improvements such market value will be determined b y an independent real estate appraiser appointed by and agreeable to District and City . Th e expenses of such appraisal shall be borne equally by both parties . In the event the partie s shall not agree upon the appointment of said appraiser, the parties shall petition th e Presiding Judge of the Superior Court for the State of California, County of San Lui s Obispo, to appoint the appraiser . In the event the City initiates action to mutuall y terminate this agreement, all improvements and personal property placed on said sit e shall vest in District without further obligation of payment or reimbursement to City o r any grantor and without the necessity of formal documentation of transfer, effective o n the date of termination . Should District not desire such improvements and properties , District shall so notify City in writing and thereupon City shall remove sai d improvements and properties within a reasonable period of time, as mutually agreed bu t not to exceed 18 months, return the sites to their original condition insofar as possible . In the event of such City initiated mutual termination, or any mutual termination unde r which the District does not elect to retain any City constructed improvements, City shal l be responsible for repayment of sums, if any, required by the terms of any grant to b e repaid to the State or other grantor . C3-8 mint Use Agreement ATTACHMENT 2 Page 3 of 8 3 .2 This Agreement may be extended annually for an additional year by mutual agreement o f both parties to the Agreement . 3 .3 . This Agreement may be amended annually by mutual agreement of both parties to th e Agreement . 3 .4 . Representatives from both agencies agree to meet between May 1 and May 31 annually , to discuss the state of the Agreement . City staff shall be responsible for facilitating that meeting . 3 .5 . Either party may terminate this Agreement at any time upon giving the other party thirt y (30) days written notice by certified mail . In the event that the District wishes to cancel thi s Agreement to reacquire the Throop Park and Sinsheimer Park sites, the District agrees t o compensate the City for the cost of the site improvements, based upon their current replacemen t values . IV . Joint Use Facilities Identified on the map listed as Exhibit A to this Agreemen t 4 .1 Athletic Fields : Bishop's Peak/Teach, Hawthorne, Los Ranchos, Pacheco, Sinsheime r and C .L. Smith elementary schools, Taylor Field, Laguna Middle School, and Silvera Field . 4 .2 Elementary school multipurpose rooms-gymnasiums : Hawthorne, Los Ranchos , Sinsheimer, C .L . Smith and Pacheco elementary schools . 4 .3 Sinsheimer Park : Baseball Stadium, Stockton Field, swim center, Maino batting cage s and tennis courts . 4 .4 Gymnasiums : Laguna Middle School gym and annex, San Luis Obispo High Schoo l small gymnasium, and Taylor Gymnasium . 4 .5 Childcare rooms : Bishop's Peak/Teach, Hawthorne, Pacheco, Sinsheimer, C .L. Smith elementary schools . 4 .6 Throop Park . V. Manner of Operation of the Agreemen t 5 .1 The City shall have second priority use of the District's Joint Use Facilities, after Distric t programs. The District shall have second priority use of City Joint Use Facilities, after Cit y programs . 5 .2 Each agency shall submit to the other a schedule of facility needs by June 1 of each year , covering a 12-month period beginning the following July 1 . Requests received after June 1 wil l be accepted on a space-available basis . C3-9 Joint Use Agreemen t Page 4 of 8 ATTACHMENT 2 5 .3 Both agencies reserve the right to change the approved facility use schedule for their ow n program needs . The agencies agree to make a good faith effort to alter the schedule as little a s possible and to promptly notify the other of changes . 5 .4 The agencies agree to designate and make known a single point of contact individual t o be responsible for facility scheduling . 5 .5 The District shall use the athletic facilities in Sinsheimer Park, specifically the basebal l stadium, tennis courts, swim center, and Throop Park, without a charge for maintenance, repair , or utilities . This is in consideration of the District making the land available on which thes e facilities are constructed . The District shall assume the cost and responsibility for staffin g District activities in these facilities to the satisfaction of the City . 5 .6 The City will pay the costs of utilities, maintenance, clean-up, and repair for the use o f District facilities . When it is necessary for the District to provide staff to open, supervise, an d close facilities, the City will pay those costs . Those costs can be avoided by the City in certai n instances by providing staff to open, supervise, and close facilities to the satisfaction of th e District . The District will determine when this action is appropriate . Any additional expense , such as keys, will be the responsibility of the City . 5 .7 The costs of utilities, maintenance, and repair will be agreed upon annually by bot h parties . 5 .8 The District or City may, upon advance request, grant approval of exchange use o f mechanical equipment required for grounds maintenance . 5 .9 Additional exchanges of services maybe made in lieu of fees as a part of this Agreement, i f they are mutually agreed to by the parties . 5 .10 The City has supplied a portable athletic floor for use in Taylor Gym . It will remain i n place as long as the District's use of the facility allows the City a reasonable amount of use of the facility . 5 .11 The City will consult with the District before making any improvements to Sinsheime r Park or Throop Park . 5 .12 The City will develop, maintain and repair Sinsheimer Park . 5 .13 The City will develop, maintain and repair Throop Park . 5 .14 In the event that it is mutually agreeable that the City offer programs previously offere d by the District or generally offered by school districts, there shall not be a fee to the City for th e use of facilities needed for the program . ATTACHMENT 2 Joint Use Agreemen t Page 5 of 8 5 .15 Prior to May 1 of each year, the City Aquatic Supervisor will convene a schedulin g meeting for the next school year that will include representatives of the San Luis Obispo Hig h School Aquatic Teams and the San Luis Obispo Sea Hawks Swim Club . The Aquatic Team s and Swim Club acknowledge that they are mutual benefit organizations, with the success o f either dependent upon the success of both . As such, they agree to cooperate in establishing a swim schedule that focuses on best meeting the needs of the participants in the two programs . In the unlikely event of an impasse, the Aquatic Supervisor will make the final decision on th e swim schedule . VI . Program Agreements 6 .1 The City is designated to be a provider of childcare services at all elementary schoo l campuses of the District within City limits . 6 .2 The City agrees to operate quality affordable childcare programs on each elementar y school campus within the District where appropriate . 6 .3 Students Taking Active Responsibility (STAR) is acknowledged as an interventio n program mutually founded by the City and the District . The City agrees to operate the STA R program at all District elementary school campuses where it is deemed feasible, The Distric t agrees to support the educational component of the program . STAR is considered a secon d priority program, to be allocated space after school needs have been met . 6 .4 The City may offer other recreation programs on District sites, as a second priority user , and paying the appropriate use fees . This may include programs for preschoolers, adults, an d senior citizens . 6 .5 . The District recognizes that the City of San Luis Obispo Youth Sports Association (YSA ) includes many of the youth sports organizations within the City and provides opportunities for al l youth of the area . Therefore, the District has agreed to accept $30,000 of approved in-lieu fiel d projects annually in full settlement of that year's field use by any YSA member organization . In June of each year, YSA shall provide to the District an up-to-date list of all YSA member sport s organizations . 6 .6 . Recreation operates several after-school programs at Laguna Middle School at no charg e to the participant for the benefit of District students and the school's athletic program . The District agrees to waive the facility use fees for these programs : •Program X (daily after-school enrichment program ) •Intramural Basketball (fall) • Boys Volleyball (spring ) •Cross Country Track (fall) • Golf (spring ) •Girls Volleyball (fall) • Track and Field (spring) Joint Use Agreement ATTACHMENT 2 Page 6 of 8 VII . Liability and Indemnificatio n 7 .1 The City agrees to defend, indemnify, protect and hold the District and its agents , officers, and employees harmless from and against any and all claims asserted or liabilit y established for damages or injuries to any person or property, including injury to the City's employees, agents or officers which arise from or are connected with or are caused or claimed t o be caused by the acts or omissions of City, and its agents, officers or employees, arising out o f this Joint Use Agreement ; provided, however, that the City's duty to indemnify and hol d harmless shall not include any claims or liability arising from the established sole negligence o r willful misconduct of the District, its agents, officers or employees . 7 .2 The District agrees to defend, indemnify, protect and hold the City and its agents, officer s and employees harmless from and against any and all claims asserted or liability established fo r damages or injuries to any person or property, including injury to the District's employees , agents or officers which arise from or are connected with or are caused or claimed to be cause d by the acts or omissions of the District, and its agents, officers or employees, arising out of thi s Joint Use Agreement; provided, however, that the District's duty to indemnify and hold harmles s shall not include any claims or liability arising from the established sole negligence or willfu l misconduct of the City, its agents, officers or employees . 7 .3 Each party to this Agreement shall make the other party an additional insured on it s public liability and property damage insurance for the purpose of this Joint Use Agreement . VIII . Electronic Key Syste m 8 .1 . Installation -At the request of City, District has installed an electronic key system fo r Recreation's access to the following six gymnasiums : •Hawthorne Elementar y •Los Ranchos Elementary Schoo l ▪Pacheco Elementary School •Sinsheimer Elementary School •C .L . Smith Elementary Schoo l •San Luis Obispo High School Taylor Gy m 8 .2 . Keys - The District has issued Recreation one electronic key for each of the abov e gymnasiums to allow Recreation unassisted access to these District facilities to offer Recreatio n programs as outlined in the Agreement . To ensure the security of the facilities, no additiona l keys will be provided . 8 .3 .Lost Keys -In the event Recreation loses an electronic key, at the discretion of th e District, the facility may be rekeyed at a cost to Recreation of $250 per site . The loss of keys b y Recreation may result in revocation of electronic key privileges at that particular site . Thi s charge is in addition to the annual use fee . ATTACHMENT 2 Joint Use Agreemen t Page 7 of 8 8 .4 . Facility Use Permit -It is agreed the electronic keys will only be used when Recreatio n has an approved Facility Use Permit to utilize the particular District facility . 8 .5 .City Coverage -For facilities equipped with the electronic key system, District will no t provide personnel coverage for Recreation's activities at times when staff is not alread y scheduled to be at the facility . Recreation is required to and will provide continual staff coverage of all Recreation's events at these facilities to ensure safety for participants and preven t damage to District property. 8 .6 . Custodial Services -District will provide custodial staff to clean gymnasiums after us e by Recreation at no additional cost when District personnel are scheduled to be at the facility . 8 .7 .Open/Secure Facility -Recreation will be billed a minimum of two hours custodia l impact charges on any occasion District staff is required to open/secure a facility equipped with an electronic key system . If a gymnasium is found unsecured by District staff after scheduled use by Recreation, District may revoke the electronic key privileges at that particular site . Thi s charge is in addition to the annual use fee . 8 .8 . Battery Replacement -Recreation is responsible to replace batteries in electronic key s as soon as key starts "beeping" indicating low battery power . Should a battery completely ru n down and require reprogramming by District, Recreation will be charged $50 per battery . This charge is in addition to the annual use fee . 8 .9 . Use by Others Prohibited -Recreation has responsibility for all electronic keys at al l times and may not allow any other individual or agency to use the electronic keys issued t o Recreation . Failure to comply with this stipulation may result in revocation of all electronic ke y privileges by District . IX . Annual Use Fee from Cit y 9 .1 . District agrees to charge City an annual fee ($91,960 in 2007-2008) for all City's use o f District facilities in that year . Thereafter, the fee will be reviewed on an annual basis t o determine level of usage . Should usage level vary significantly (+/-10%) from prior year, th e annual fee will be renegotiated accordingly ; otherwise, the fee will be adjusted annually in accordance with the Consumer Price Index (CPI-U all Urban Consumers Los Angeles-Riverside - Orange County 1982-84=100). District will invoice City at the beginning of each year ; the City will make quarterly payments from that invoice . X . Park Ranger Servic e 10 .1 City offers to District park ranger patrol services for school athletic fields within the Sa n Luis Obispo City limits at a cost of $25 .75 per hour to be adjusted annually in the manne r described in section 9 .1 of this Agreement, and $.505 cents per mile, to be adjusted quarterly . The level of service required by the District will be negotiated on an annual basis . City estimate s cost at $400 ($320 staff, $80 mileage) per week when fields are closed and $200 ($160 staff, $4 0 mileage) per week when fields are available for use . C3 - 13 Joint Use Agreement ATTACHMENT 2 Page 8 of 8 XI . Authority 11 .1 . AUTHORITY TO EXECUTE AGREEMENT. Both City and District do covenant tha t each individual executing this Agreement on behalf of each party is a person duly authorized an d empowered to execute agreements for such party . IN WITNESS WHEREOF, the parties hereto have caused this instrument to be execute d the day and year first above written . ATTEST : CITY OF SAN LUIS OBISP O A Municipal Corporatio n Mayor, David F . Romero By : SAN LUIS COASTA L UNIFIED SCHOOL DISTRIC T By : Assistant Superintendent, Business Services , Russell Miller APPROVED AS TO FORM : ATTACHMENT 2 EXHIBIT A I*Elementary Schools with joint-use multi-purpose rooms ATTACHMENT 3 SINSHEIMER PARK PRIORITIES FOR US E SAN LUIS OBISPO BASEBALL STADIU M RESPONSIBILITY FOR SCHEDULIN G All scheduling will be the responsibility of the Parks and Recreation Department following th e priorities developed by the Advisory Committee on Shared Use of Recreational Facilities . PRIORITIES FOR US E 1 . Special games and tournament s a.San Luis Coastal Unified School District (SLCUSD) sponsore d b.City of San Luis Obispo sponsore d c.Youth groups sponsored (Babe Ruth –1St priority ) d.All other groups sponsore d i . January 1 — May 3 1 a.College/University/Community College, non-SLCUS D High School play b.Othe r ii. June 1- July 3 1 Non-professional/collegiat e iii . August 1 through — September closing dat e a . Other 2 . Regular games and playoffs a.SLCUSD regular season, excluding practice s b.City of San Luis Obispo uses, excluding practice s c.Youth groups regular season and league playoffs, excluding practice s d.Other groups, excluding practice s i . January 1 – May 3 1 a.College/University/Community College, non-SLCUSD High School play b.Othe r ii . June 1 — July 3 1 a.Non-professional/collegiat e b.Other — as availabl e iii . August 1 through – September closing dat e a . Othe r Practices are not allowed at San Luis Obispo Baseball Stadiu m FEE S See current fee schedul e USER RESPONSIBILITIES ATTACHMENT 3 All use to be controlled by user organizations following guidelines set forth by the Parks & Recreation Department in order to maintain this facility in the best possible condition . The Parks and Recreation Department will hold a field scheduling meetings on or by November 15 for th e coming year . Field request received after the November meeting will be treated as first come- first-serve . A second scheduling meeting will take place on or by March 15 of each year to issue s any unused facility dates or times . Disregard for rules concerning use of the facility will constitute grounds for preventing futur e use of the facility . User groups will be billed for actual costs incurred to repair damages t o facility . ALL use fees for facility are due and payable upon presentation of use permit . REVIEW OF PRIORITIE S This list of priorities shall be in effect until August 1, 2012 . These priorities shall be reviewe d annually by the Advisory Committee on Joint Use of Recreational Facilities and if changed , submitted to the San Luis Obispo City Council and San Luis Coastal Unified School District Board of Education for approval . ATTACHMENT 4 Advisory Committee on Shared Use of Recreational Facilities MINUTE S City/County Librar y 995 Palm Street Tuesday, November 1, 2011 12 :00 p .m . CALL TO ORDER :Chair Jesse Bilsten called the meeting to order at 12 :04 p .m . ROLL CALL : Committee Members Jesse Bilsten, David Robbins, Michae l Parolini and Jeff Whitene r City of San Luis Obispo : James Bremer, Recreation Supervisor ; Marti Reynolds, Supervising Administrative Assistant ; Arni e Silacci, SLCUSD Building & Grounds Superviso r 1.Public Comment (items not on the agenda ) None . 2.Consideration of Minute s MOTION:(Whitener/Davis) Approve the October 18, 2011 minutes as submitted. Approved — 4 Yes : 0 No : 0 Absen t 3.Recommendation to the Advisory Committee on Shared Use of Recreationa l Facilities from Committee Member Parolin i Chair Bilsten asked Committee Member Parolini to give a synopsis of hi s recommendation . Committee Member Parolini stated his recommendation is that Council approve choosin g only one team use stadium in addition to historical user groups . Bremer advised and Chair Bilsten clarified the Committee can choose to take action o r agendize for future action . MOTION:(Bilsten) Approve recommendation to put forth to Council that, at th e conclusion of the current contract agreements with the Rattlers Baseball Developmen t Group, Inc . and the San Luis Obispo Baseball Alliance, LLC, only one collegiate team b e sanctioned at the facility. Motion Failed for Lack of a Second. G: veryone'./UCminuses,201 II1 . 0/. / / JUC Minutes. doc ABSENT : COUNCIL : STAFF : C3 - 18 ATTACHMENT 4 Advisory Committee on Joint Use of Recreational Property Draft Minutes - November 2, 2011 page 2 Committee Member Whitener asked for discussion regarding the support of two semi - professional rather than collegiate teams and potential difference for traditional users . Chair Bilsten clarified no semi-professional priority given . Priority for collegiate is wha t has impacted stadium use . Committee Member Parolini discussed difficulty defining collegiate and asked for bette r wording . Bremer offered terminology under current to be `non-profit/collegiate' which wa s changed by the Committee from the term `semi-professional' last year . Chair Bilsten asked Dan Ainsworth for his group's title which he clarified as a `recreational adult league .' Committee Member Whitener asked to change the words to "do not believe facility ca n support two non-recreational collegiate teams during June 1 through July 31" which wa s supported by Committee Member Parolini . Therefore, will amend the first and las t paragraphs to state "only one non-recreational team ." MOTION:(Whitener/Bilsten) Accept recommendation to City Council that facilit y cannot support two non-recreational collegiate teams during June 1 through July 31 . Approved – 4 Yes : 0 No : 0 Absent 4 . Continued Discussion on the Priorities of Use for Sinsheimer Park Basebal l Stadiu m Action : Consider input from the Ad Hoc Committee, users and staff and adopt th e Priorities for Use of Sinsheimer Park Baseball Stadiu m Chair Bilsten opened for Public Comment . Jeff Hollister, San Luis Obispo,passed a letter to each Committee Member regardin g Sinsheimer Stadium priority usage . As a past president and member of the Babe Rut h League board for eight years, he has been part of numerous schedule changes to assist th e SLO Blues and SLO Rattlers needs . Babe Ruth has had priority over every user with th e exception of the school district . Feels the stadium was built for the youth in th e community and urged the Committee to allow Babe Ruth to retain priority use . Dan Sutton, San Luis Obispo,has been involved with Babe Ruth for 12 years and i s also a past president . Oversees Babe Ruth and Cal Ripken and sits on the State board — representing youth of community . Feels stadium schedule worked in past albeit wit h compromises on both sides . Babe Ruth and Cal Ripken don't know the numbers that wil l be needed until later on . Feels use of the stadium by youth is crucial for the community . C3 - 19 ATTACHMENT 4 Advisory Committee on Joint Use of Recreational Property Draft Minutes - November 2, 2011 page 3 Feels when youth can watch the SLO Blues and SLO Rattlers play in the stadium, the y feel pride in being able to say they will also play there themselves . Feels it is crucial t o maintain the current priorities for use . Tom Maino, San Luis Obispo,President of Maino Construction which is celebratin g 130 years in business . Is an active participant in community and youth programs . State d almost all contractors in the community were involved in some way in the original construction of Sinsheimer Park which was built for the benefit of the community b y contributions of local contractors . Urged Committee members to maintain priority for us e as it currently stands and maximize usage . Chair Bilsten closed the Public Comment period . Chair Bilsten read the action and Committee members confirmed changes from the las t meeting with Recreation Supervisor Bremer . Committee Member Whitener clarified it a s a set of rules for deciding priority of use in the instance of user groups inability to mak e schedules work amongst themselves . Chair Bilsten asked for cooperation from the audience after a brief interruption . Committee members asked Committee Member Parolini for assistance in interpreting hi s letter of findings . Committee Member Parolini discussed the letter including a cleare r definition of non-collegiate, a change on 2nd page section "permit allocation and fiel d scheduling meeting ." Explained it still gives priority to SLOCUSD and youth June 1 — July 31 and doesn't mean can only request 60 days or that it can't be increased over th e years . All other dates are the same . Can still accommodate user if a tournament and extr a time are needed . Chair Bilsten clarified `reserved' statement regarding tournaments in the 4 th section and that otherwise priorities remain the same . `Other' groups are segmented by date and therefore youth baseball not being penalized . Committee Member Parolini reminded the group the proposal still needs to go to th e School Board and Council . At Committee Member Parolini's request, Recreation Supervisor Bremer reviewed th e scheduling system seven years back to its conception . The only change was th e introduction of the SLO Rattlers . In 2004, Men's Baseball had 14 uses in June and Jul y while two years ago they had none . There was discussion about exclusive use by `non - recreational' leagues . Recreation Supervisor Bremer clarified for Chair Bilsten the definition of 'non- professional/collegiate' as being teams comprised of non-recreational college-eligibl e players . Committee Member Robbins confirmed with audience member Dan Ainsworth tha t Men's Baseball does not meet that criteria so is not affected . C3-20 ATTACHMENT 4 Advisory Committee on Joint Use of Recreational Property Draft Minutes - November 2, 2011 page 4 Committee Member Whitener discussed last line of statement that "any field requeste d after November 15" should be changed to "will be treated under normal priority use ." Recreation Supervisor Bremer explained that the 1 st person gets the 1 st choice regardles s of priority by November 15, then all are accepted that meet the criteria . After that time i t is 1 st come-1 "serve . If request after that time, all same requests for a date remain ; go t o priorities for use to settle . Committee Member Whitener asked to cement the November 15 date and statement "an y field requests received after November 15 for any remaining open timeslots will be treated ..." (under priorities for use). Discussion continued over June-July timeslots and Recreation Supervisor Bremer rea d use averages to Committee members . Chair Bilsten asked audience member Jeff Hollister to give a historical synopsis . Jeff Hollister thought numbers represented prep league which moved to Stockton Fiel d for prep season : with no prep league the last few years they go straight to stadium . Chair Bilsten confirmed June 1 – July 31 time period as the biggest impact : two uses pe r weekend (multiple games). Babe Ruth most recently totaled an average (over seven years of records) of 17 uses during that time period . Committee members went into further discussion regarding intent for everyone to have a chance and usage of the word maximum in last sentence : Bullet 2 should read "onc e reserved or protected ." Committee Member Whitener stated each user group shall be allowed to reserve on e maximum and work with other groups to schedule more . Committee Member Parolini stated since this is inferred so sentence should be left alone . Chair Bilsten requested add sentence "intent is to allow one reserved tournament date ." Committee members agreed . Committee Member Parolini asked for comments on definition . Committee Membe r Robbins suggested adding the word `intent' to clarify . Thus "the intent is not to limit any of these leagues to one tournament only ." MOTION: (Parolini/Bilsten) Accept definition as stated by Whitener ["Any field reques t received after November 15 for any remaining open timeslots will be treated " ] and keep priorities the same as are . Accept priorities in this manner and recommend to Cit y Council. Approved – 4 Yes : 0 No : 0 Absent C3-21 ATTACHMENT 4 Advisory Committee on Joint Use of Recreational Propert y Draft Minutes - November 2, 2011 page 5 Recreation Supervisor Bremer confirmed with Committee members that, as the prioritie s were approved in May and never changed, they would not be resubmitted to th e Committee but rather to SLOCUSD then the City Council . Committee Member Parolini addressed the users in the audience that, although this is no t a rule yet, it would be good to come to an agreement in the meantime--to move forwar d and coordinate groups with staff . Recreation Supervisor Bremer stated will have regularly scheduled field allocatio n meeting by November 15 . 5.November/December Meetin g Recreation Supervisor Bremer gave background on typical meeting needs of the pas t during the November/December time period with has recommendation to cancel one o f the upcoming meetings . Group discussed sending the Committee members' goal settin g information now for review in order for them to be prepared at January's meeting and t o finalize in February . MOTION :(Whitener/Parolini)Recommend that the regular SURF meetings schedule d for November 22 and December 27 be canceled and a regular meeting be scheduled fo r January 24, 2012 . Approved -4 Yes . 0 No : 0 Absen t 6.Staff Reports Recreation Supervisor Bremer shared an email from tennis user Meg Taylor who thanke d the Committee for listening to the women's groups' concerns at the last meeting . Breme r also reminded members of the Advisory Body Workshop being offered by the Clerk's Office next Tuesday, November 8 . 7.Additional Item s None . ADJOURNMEN T Meeting adjourned at 1 :05 p .m . to the next meeting on January 24, 2012 at 12 :00 p .m . at the Ludwick Community Center . C3-22